Saturday, June 25, 2011

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One of my friends got B1 Visa(business visa, it�s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.

He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.

My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training. He is planning to come to U.S in February 2009 on B1.

Could any one please help us with your valuable suggestions for the following questions?

Is it possible to come to U.S on B1 even after resigning the job?

Is there any possibility that the company revoke his B1?

What are the documents required to come to U.S on B1?

Thanks in Advance

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ashkam

08-03 09:44 AM

If Priority date is 'Current', you can't apply for H1 extension!

I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.

What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?

Of course you can apply for an extension even if your PD is current, only you won't get a 3 year extension but a 1 year extension. Your pal probably didn't apply because he wanted to get 3 years.

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maverick6993

09-01 02:49 PM

You should be ok to come back with an AP.

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paskal

02-22 06:35 PM

you cannot apply for an H4 until your waiver is complete does not matter how long you are on a J1, once you get one, you are a marked man. similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected. do please ask an attorney though.

My understanding is, while your AOS is pending, you're in parolee status. This is what you mention on the EAD & AP renewal applications. A copy of your 485 receipt notice should be enough which has the "A" number if the university wants to check with the CIS.

Chandra.

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jlt007us

09-14 01:20 PM

Case 2:

I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval. But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.

1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR. 2. EAD/AP based on filing of case 2 is invalid. 3. Depends on what you are working on? H1b? EAD?

The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.

there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.

eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.

but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.

For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.

You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.

waitintoolong, but the question is " "Are you applying for same visa class that expired in the last 12 months?"

he is talking about VISA STAMP not the status. are you sure about answering YES if my visa stamp had expired more than 12 months back but my status is valid?

my visa stamp expired in 2005 itself. I extended my status till 2008. so my answer is should be NO right? (although I wish I could say YES, because first time H1 applicants are having difficulty getting appointments)

can you or someone else confirm the answer? has anyone asked VFS/consulate about this?

I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?

Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.

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Desi4GC

08-07 08:47 PM

Hello members,

I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records. How should I present this on form I-485 (question about citation/arrest)?

- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6 years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco) - I140 still pending

Question:

1. Does L1 period is counted for H1 extention? 2. Can he do H1 transfer using AC21 without I140 approval? As 6 years are going to be expired? 3. What if the old employer revokes his I140 now? His GC process is invalid? 4. If we leave about GC, Can he do H1 transfer atleast?

Thanks for your valuable suggestions.

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jaggu bhai

07-27 01:04 PM

ravi

Pl find these colleges International Technological University (http://itu.edu/) Herguan University (http://www.herguanuniversity.org/index.html)

i thought of these two colleges which were referred by someone, i assumed that, as these colleges are having so many F1 Indian students (i saw on social networking sites), these would be accredited colleges???????????????????

after seeing ur reply, I realised that there are so many ANNAMALAI universities here!!!! Do u have any idea, where can we check these college status!!!!

So lets take up peice meal offer - will he sponsor/co-sponor a bill for us? Our OH members - need to get active in meeting with his office. It would be good to know the position of Speaker Boehner on our issues.

Also no of other sites are also pointing a lame duck session in Nov. Senate and house will meet on Nov 17th for something. Pelosi is arguing for new economy bill..

Should we start active compaign for HR 5882. I think still we are in same year and we have at end of Committee. Senate has also same version of bill..

Core : Please update if thinking to start campaign for this one. Lots of economist also suggesting to give gc to legal immigrants so they can buy house.

Please post yout thoughts.

nlssubbu

10-05 04:13 PM

Just to add My I 140 approved from the first company.

You have two options in this situation.

1. File an amendment to the approved I-140 based on Merger / Acquisition 2. Once you got EAD, invoke AC 21 and can continue with your employer.

I was in your similar situation when my division is acquired and my attorney filed an I-140 amendment, as I do not want to use EAD. [H1 / H4 is duel intent and we can be still protected even if I-485 is denied! When we are not switching companies why to loose this advantage?]

Thanks

vallabhu

12-12 02:08 PM

Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .